New York Birth Injury Lawyer – The birth of a child should be a joyful event. But when a baby is in labor, the experience can quickly become scary and stressful. This is especially true when birth injuries have potentially long-term or even lifelong consequences.
If a birth injury is the result of a preventable medical error, the situation can be even more devastating. In these cases, filing a birth injury lawsuit can help you achieve a sense of justice. You can also provide sufficient compensation to meet your child’s needs in the future.
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This guide provides important information about a birth injury claim in New York. If you suspect that medical malpractice caused your child’s birth injury, you should contact a New York birth injury attorney immediately. An attorney can evaluate your specific case, explain your options, and determine the best course of action for you and your family.
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The incidence of birth injuries has decreased in recent decades. This is likely due to improvements in medical care during pregnancy and childbirth. Doctors also prefer caesarean section in difficult deliveries. However, birth injuries continue to occur at about 1.9 per 1,000 live births, according to one study.
Birth injuries are often an unavoidable part of labor and delivery. However, birth injuries can be the result of medical errors during pregnancy, labor, delivery, or even after birth.
A birth injury claim can be filed if the birth injury was caused by a doctor who failed to provide proper professional care. A birth injury lawsuit is a type of medical malpractice lawsuit. The accused are usually health workers who care for mothers and babies.
Whether a medical professional can be held legally responsible for birth injuries will depend on whether they acted in accordance with accepted practices in the medical community for professionals with similar training and experience. Specialists such as obstetricians are held to higher standards than general practitioners. This is because these professionals generally have specialized training and knowledge.
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In these cases, both sides of a birth injury lawsuit will involve medical experts to determine the appropriate standard of care. A specialist medical opinion is generally required to pursue a birth injury claim. The expert testified as to whether he believed the medical personnel involved acted appropriately under the circumstances.
However, the opinion of a medical expert alone is not sufficient to determine the standard of care. However, the expert must demonstrate that his position is generally accepted in the medical community. Experts can do this by supporting their testimony with medical records, official investigations, or other evidence.
This point Lara v. New York City Health and Hospitals Corporation. In this case, the child had cerebral palsy at six months of age. A lawsuit was filed against her that her premature birth may have caused cerebral palsy.
Expert testimony supporting this theory was submitted to the court. However, the court ultimately dismissed the appeal. However, the court noted that he did not support the expert’s testimony with medical records. In other words, the expert did not show that the theory was generally recognized or accepted in the medical community.
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For more information about building a birth injury case, including the role of an expert witness, see Chapter 3: Prosecuting a Birth Injury Claim in New York.
Birth injuries can be caused by the natural forces of the birth process. But other injuries are the result of medical errors. Examples of medical errors that can harm the baby and/or mother include:
Remember that not all errors support a claim. As mentioned in the section above, the key question is whether medical professionals are acting according to the standards set by the medical community.
Birth injuries come in many forms. Some are minor and heal within days or weeks. Others are more serious and have lasting effects. Some examples of common birth injuries are described below. You should contact a New York birth injury attorney to determine if an injury can support a legal claim.
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Brain damage is also often caused by a lack of oxygen to the baby’s brain before, during or after birth. During labor and delivery, health care providers should use electronic fetal monitoring to assess the baby’s heart rate and check the condition of the fetus. If the baby is suffering, it may mean that the brain is not getting enough oxygen.
At the trial, medical examiners will examine the fetal monitoring lines for signs of fetal distress or oxygen deprivation. Medical facilities generally must maintain these lines for at least seven years.
According to the Centers for Disease Control and Prevention (“CDC”), cerebral palsy can develop if a baby is deprived of oxygen at birth. “Cerebral palsy” is a general term covering certain disorders of brain function and body movement. Many people with cerebral palsy also have related conditions, such as:
Cerebral palsy is the most common minor motor disability. Cerebral palsy affects about 1 in 345 children in the United States.
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Nerve damage is another birth injury. These injuries can be caused by excessive force, pulling, or the use of tools such as forceps during delivery. This is more likely to happen when the baby’s shoulders stick to the mother’s pelvis during labor (called ‘shoulder dystocia’). The nerves in the baby’s arms, shoulders, neck and head are especially at risk from overexertion or crying.
For example, Erb’s palsy can be caused by damage to the brachial plexus nerve. The brachial plexus nerve connects the spinal cord to the arm and hand, so symptoms of Erb’s palsy include weakness, loss of sensation, or even paralysis in the hand. It occurs in about 0.9 to 2.6 per 1,000 live births.
During a difficult birth, the baby’s bones can also break. Fractures of the clavicle (collar bone) are particularly common. According to one study, it can occur in 15 out of 1,000 live births. Clavicle fractures can also cause damage to the brachial plexus nerve. This can lead to Erb’s palsy as mentioned above.
A skull fracture is another possible injury. A baby’s skull is naturally flexible, so it can slide through the birth canal. However, the doctor may apply excessive pressure with tools such as forceps or a vacuum extraction device. It can cause fractures, as well as brain or nerve damage.
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Excessive pressure during delivery from forceps, vacuum extraction devices, or other forces can also cause bleeding wounds. These injuries include hematomas (localized blood clots) and hemorrhages (persistent internal bleeding). While many of these injuries heal without treatment, others can become serious.
There are many other birth injuries such as cuts, untreated jaundice, infections, etc. In the worst case, birth injuries can even lead to the death of the baby. Mothers can also be injured.
You should contact an experienced personal injury attorney as soon as you suspect a birth injury. If a doctor’s mistake causes an injury, you can seek compensation in court. Your attorney will be able to investigate further and determine next steps.
Symptoms of birth injuries vary depending on the type of injury. Some symptoms appear immediately after birth. Others will take years for now.
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Although every situation is different, here are some common signs that a child may have a birth injury. However, these symptoms may be the result of other conditions unrelated to medical negligence. It is important to ensure that the symptoms are properly evaluated by a doctor. Next, if you suspect medical malpractice, you should contact a birth injury attorney as soon as possible.
Admission to the NICU or the need for CT, MRI, or tests after birth may indicate injury.
Some birth injuries do not appear for a long time. In fact, parents often don’t notice the problem until the child misses a developmental milestone or until the pediatrician indicates that the child is exhibiting physical and mental deficits.
Here are some signs of injury that may appear in childhood. Many of these symptoms may indicate damage to the brain or nervous system.
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If you suspect that your child has a birth defect, you should take the following steps as soon as possible. If you end up in court, these steps will help you build the strongest possible case.
Your attorney will also be able to bring in relevant medical professionals and guide you through the entire process. For more information on finding a birth attorney, see Chapter 2: Finding a New York Birth Injury Claim Attorney.
If you suspect your child has a birth defect, it is important to bring your child’s medical records to a lawyer for advice as soon as possible. Waiting too long can jeopardize your ability to build a strong case and receive fair compensation.
Once you hire a lawyer, they will handle the entire legal process for you. This means you can focus on your child, knowing that someone is experienced and capable
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